Chapter

The States and Foreign Relations<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0064
The States and Foreign Relations1

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This chapter deals with the role played by the chief minister of a state in matters of foreign policy. Mr. Jyoti Basu's visit to Dhaka in 1996 may be the first time when the chief minister of a state of the Indian union parleyed with the head of a foreign government. The article shows that the Indian Constitution does not preclude such negotiations as can be seen in Article 258(1). His effort was in the best spirit of genuine federalism. Unlike the Australian Constitution, the Indian Constitution contains an explicit provision (Article 253) enabling parliament to override the federal distribution of power in the implementation of a treaty or decision at an international conference. Before signing an agreement consulting a state does not weaken the federal structure but strengthens it.

Keywords: Jyoti Basu; Indian union; foreign government; foreign policy; federalism; Australian Constitution; Indian Constitution; Article 253; treaty

Chapter.  2385 words. 

Subjects: Constitutional and Administrative Law

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